Working Life > Healthiness > Occupational Disease

Occupational Disease

Definition, Explanation

For a disease to be called an occupational one, it must have been caused or partly caused by the occupation and be officially recognized as such. Certain groups of people are affected stronger by some work and the respective working conditions than average people. Today, there is a list of recognized occupational diseases, including noise induced hearing loss, skin diseases, diseases of the locomotor system and diseases caused by inorganic dust such as asbestosis and silicosis. This list is kept by the government. It distinguishes diseases according to their causes:

• caused by chemicals (metals, solvents, pesticides)
• caused by physical influences (lifting, carrying of heavy weights, compressed air, radiation)
• caused by infectious agents or parasites, like tropical diseases (Malaria)
• diseases of lungs and respiratory tracts and the pleura and the peritoneum caused by inorganic dust (asbestosis) and silicosis
• skin diseases (allergies)
• other causes

The praxis of the procedure is done by the professional association. The pension board of the professional association decides whether a disease is occupational in single cases. In advance, a declaratory procedure is run with an official medical expert assessor, checking in how far juridical and medical requirements are met. The professional association is the carrier of statutory accident insurance. After recognition, the professional association funds the curative treatment, medical care in specialist hospitals, rehab measurements and educational measurements for occupational recommencement. Also compensation money can be paid. This depends on the reduction in earning capacity that had been caused by the disease. If a permanent health impairment is unavertible and causes the employee’s inability to work at least 3 hours a day, then the professional association pays a disability pension. The benefits are similar to those subsequent to work accidents.

Besides the listed occupational diseases, the so-called “Like-occupational diseases” are to be compensated for, if they meet the following requirements

• the sick person belongs to a group of people that are exposed to special influences due to their work
• these influences are causes of a disease, according to the medical sciences
• the findings have not been found in previous checks through the list of occupational diseases
• the causal connection of occupation and disease is probable in the single case

Tips, Checklist

• Consult your doctor for deciding whether or not your disease is an occupational one
• the application for recognition as an occupational disease can be filed by you, your doctor, your employer, your health insurance or the federal labour agency at the responsible professional association
• Involve your works council or your staff council. They can increase chances of approval of your application
• The professional association first supports rehabilitation, including retraining and (further) education measurements
• Think whether you can be transferred to another workplace, avoiding the former causes of the disease. Usually, giving up your former, disease-causing, workplace is required for recognition of the occupational disease
• If your compensation claim is refused, you can file an objection
• Mind the time limit for filing an objection: 1 month with proper information on legal remedies
• If compensations are refused you can call upon measurements by which consequences of the disease can be alleviated or an impairment can be avoided
• The professional association is obliged to tell you 3 expert assessors. You choose one that you trust
• Be counselled by legal helpdesks (e.g. labour union)
• Occupation-caused diseases that are not recognized as such, are covered by health insurance

Last update: 06/07/2010